Pillco v. Bradt, No. 1:2010cv02393 - Document 6 (S.D.N.Y. 2010)

Court Description: MEMORANDUM OPINION AND ORDER: For the reasons set forth above, the Petition is hereby dismissed. The final question is whether to grant a Certificate of Appealability ("COA"). For a COA to issue, a petitioner must make a "substantial s howing of the denial of a constitutional right." A "substantial showing" does not require a petitioner to demonstrate that he would prevail on the merits, but merely that reasonable jurists could debate whether "the petition shoul d have been resolved in a different manner or that the issues presented were 'adequate to deserve encouragement to proceed further." Petitioner has made no such showing. Accordingly, I decline to grant a certificate of appealability. The Clerk of the Court is directed to dismiss the instant Petition and close this case. (Signed by Judge Shira A. Scheindlin on 8/26/2010) (jpo)